Trade News

Each day TFO Canada publishes a sample of trade news on the Canadian import market along with any new, updated or changed regulations and legislations regarding international trade; countries in which TFO Canada offers services and on the export sectors which it promotes.

Proposed Management of Caffeinated Energy Drinks

Health Canada has determined, based on consumption patterns, history of use, representation to consumers, and in accordance with its guidance document on “Classification of Products at the Food-Natural Health Product Interface: Products in Food Formats” [ http://www.hc-sc.gc.ca/dhp-mps/prodnatur/legislation/docs/food-nhp-aliments-psn-guide-eng.php ], that products known as Energy Drinks fit the regulatory definition of a food and as such intends to classify these products as foods. As a result, the Department intends to assess, manage the potential risks associated with these products, and regulate their availability in the Canadian marketplace in the context of their use as a beverage.

This is consistent with the policy intent of the NHPR, as outlined in the regulatory impact analysis statement [ http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/tbm_142/rias-eng.asp ] of these regulations published in 2004, as well as the outcomes of the NHPR regulatory review conducted in 2007, which reiterated that foods are excluded from the scope of the NHPR. This is also consistent with the approach followed by Canada’s major trading partners, where Energy Drinks are consumed and regulated as foods.

Based on the outcomes of Health Canada’s scientific assessment, and additional information such as the findings of the Panel on caffeinated Energy Drinks, the Department has identified a number of measures to mitigate the potential risks associated with the overconsumption of these beverages.